West Coast Quartz Corporation v. Michael Markman

Background

West Coast Quartz Corporation filed a complaint against the Superior Court of California in and for Alameda County, Alameda County, the State of California as supervisor of the Alameda County Superior Court, Superior Court Judge Hon. Michael M. Markman, and other parties and attorneys involved in the Alameda County case. The complaint alleged that venue was proper in the Central District of California because events occurred in Los Angeles County and some individual defendants lived or maintained offices there.

Venue Issue

The court's review indicated that all alleged events occurred in an Alameda County Superior Court action identified as Mendoza v. West Coast Quartz Corporation, RG18927787. Alameda County is within the Northern District of California. The court cited federal venue rules allowing a civil action to be brought where defendants reside, where a substantial part of the events occurred, or, in limited circumstances, where a defendant is subject to personal jurisdiction.

The court also stated that a district court may raise a venue defect on its own and may dismiss or transfer an action on that basis. Even when venue is proper, 28 U.S.C. § 1404(a) permits transfer to another district where the case could have been brought when transfer would serve the convenience of the parties and witnesses and the interests of justice.

Order

The court ordered West Coast Quartz to show cause by March 20, 2025, why the action should not be transferred to the Northern District of California under § 1404(a). It required West Coast Quartz to personally serve the order on any defendant already served with the complaint within three court days, or when serving any defendant who had not yet been served. The court stated that failure to respond on time would result in transfer. This order did not itself transfer the action.